One of the formations of the supervisory board or the resolution board shall examine the conclusions drawn by the departments of the Autorité de contrôle prudentiel et de résolution in the course of its supervisory duties or the report drawn up pursuant to Article L. 612-27, with a view to initiating sanction proceedings. The chairman of the panel of the supervisory board or the resolution board, as the case may be, that has decided to initiate sanction proceedings notifies the persons concerned of the objections. He forwards the statement of objections to the Enforcement Committee, which appoints a rapporteur from among its members.
When the Authority receives a referral from the European Central Bank in accordance with the provisions of Article 18(5) of Council Regulation (EU) No 1024/2013 of 15 October 2013, the supervisory board shall initiate sanction proceedings against an institution or a person who directs its business within the meaning of Article L. 511-13, a member of its board of directors, supervisory board, management board or any other body exercising equivalent functions. In this case, the notification of grievances provided for in the first paragraph shall include any document, including, where applicable, any on-site inspection report, provided by the European Central Bank in support of its request. The penalties applicable are those provided for in Article L. 612-40.
When the Single Resolution Board refers a matter to the resolution college pursuant to the provisions of Article 38(8) of Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014, it may initiate sanction proceedings against a person mentioned in Article L. 613-34 or the persons mentioned in Article L. 511-13 or Article L. 532-2(4), members of the board of directors, the supervisory board or any other body exercising supervisory functions. In this case, the notification of grievances provided for in the first paragraph shall include any document, including, where applicable, any on-site inspection report provided by the Single Resolution Council in support of its request. The penalties applicable are those provided for in Article L. 612-40.
The Enforcement Committee ensures that the proceedings are adversarial. It issues communications and summonses all persons concerned by the statement of objections. Any person summoned is entitled to be assisted or represented by counsel of his or her choice. The Enforcement Committee may call on the services of the AMF to conduct the proceedings.
The member of the Supervisory Board or the Resolution Board appointed by the panel that decided to initiate the sanction proceedings is summoned to the hearing. He attends the hearing without the right to vote. He may be assisted or represented by AMF staff. It may submit observations in support of the notified complaints and propose a sanction.
The Enforcement Committee may hear any member of the AMF staff.
A member of the Enforcement Committee may be challenged at the request of a respondent if there is a serious reason to doubt the member’s impartiality.
The Sanction Committee may only sit if a majority of its members are present. It deliberates without the presence of the parties, the rapporteur, the Director General of the Treasury or the Director of Social Security or their representatives, the member of the supervisory board and the departments of the AMF responsible for assisting or representing the latter. It will issue a reasoned decision.
The provisions of Article L. 612-36 apply to the decisions of the Enforcement Committee.
The Autorité de contrôle prudentiel et de résolution shall inform the Autorité des marchés financiers when it imposes a disciplinary sanction on an investment services provider in respect of its prudential or resolution obligations.
When it imposes a disciplinary sanction in the cases provided for in the second paragraph, the Autorité de contrôle prudentiel et de résolution shall inform the European Central Bank.
Where it imposes a disciplinary sanction in the cases provided for in the third paragraph, the Autorité de contrôle prudentiel et de résolution shall inform the Conseil de résolution unique.
When imposing a disciplinary sanction for breaches relating to insurance or reinsurance distribution, the Autorité de contrôle prudentiel et de résolution shall inform the European Insurance and Occupational Pensions Authority.